Since the letter
of the Ministry of Interior (most urgent No. Mo 0710/vor 792 dated
23 March 1999), if a foreigner has a Thai spouse then land (or
condominium) may be bought in the name of the Thai spouse, however;
the land (and some cases condominium unit) becomes sole and personal
property of the Thai spouse (excluded from a community property
regime). Proof is required that the money used to purchase the land
is legally the Thai spouse's.

Any Thai having a foreign spouse spouse may
purchase or accept land as a gift with no consideration and register
the ownership of such land during marriage under the condition that
the spouse must jointly provide a written legal confirmation stating
that the entire source of funds for such purchase or gift is solely
from the Personal Property (such as defined by Thai laws) of such
Thai. Without written confirmation from a foreign spouse, the
request for such registration must be referred to the Land
Department in order to obtain an approval from the Minister.

Any foreigner's minor having Thai nationality may
purchase or accept land as a gift with no consideration and register
the ownership of such land.

A foreign
spouse it not allowed to have co-ownership in land together
with the Thai spouse as a community property within marriage.

The same
regulation applies to a condominium unit, depending on the 49%
foreign ownership ratio within that condominium.

Application
for ownership in Land by a Thai spouse

The
Thai spouse has to show evidence that all money paid is personal
property (Sin
Suan Tua)
according to Sections 1471 an
1472 Civil and Commercial Code, or

The
Thai and his/her foreign spouse must present themselves at the Land
Office to confirm in a standard Land Office Letter of Confirmation
that all money paid for the property is personal property (Sin Suan
Tua) and not a common property (Sin
Som Ros)**.

**
In the case where a Thai national who is married to a foreigner
national intends to purchase land (or a condominium unit) but fails
to give a joint written confirmation to the competent official as
the foreign spouse is being abroad, in this instance, the foreign
spouse may make the statement at a Thai Embassy or Consulate or
Notary Public stating in writing that the money which that Thai
national will expend on the purchase of the land or condominium unit
is wholly the separate property of that Thai national and not the
community property or property which a foreign spouse has co-ownership
in.

Inheritance of
Land as a Statutory Heir

A foreigner
married to a Thai spouse may inherit land as a statutory heir (section
93 Land Code Act). In this case permission must be obtained from the
Ministry of Interior and the Minister of Interior shall have the sole
discretion to grant permission.

Section 93 is
subject to section 86 Land Code Act, therefore in practice, no
Minister will give permission.

Under present
law any foreigner who acquires land as a statutory heir will have to
transfer the land within a reasonable period (meaning up to 1 year)
to a Thai national.

Agreement
between Husband and Wife

Thai law
recognizes the special relationship between husband and wife.
Section 1469 of the Civil and Commercial Code offers both spouses
the option (without grounds) to avoid any agreement concluded
between them during marriage.

The return of the
property arising from an avoided act shall be governed by the
provisions in the 'Undue Enrichment Code'.

Section 1469: 'Any
agreement concluded between husband and wife during marriage may be
avoided by either of them at any time during marriage or within one
year from the day of dissolution of marriage; provided that the
right of third persons acting in good faith are not affected thereby'.

I, Mr./ Mrs..................................... and Mr./ Mrs...............................
are registered/ unregistered both spouses. We together confirm that
the money which Mr./ Mrs..............
................................ shall expend on the purchase of land
title deed/ N.S.3 K/ N.S 3 no..................... ... ...............
Sub-district...... .... ...............District....................................................
Province.................................. or Condominium Unit no.........
Floor.................... Name of the Condominium.................................
Sub-district.......................................... District........................................
... Province...................................... ............... is
wholly Suan Tun or the personal property of Mr./ Mrs............................................
alone, not Sin Som Ros or the matrimonial property between husband and
wife.